After an Asylum Denial in Virginia: Your Next Options

 Posted on December 11, 2025 in English

It can feel devastating to be denied asylum, but in Virginia (which happens to be one of the busiest jurisdictions in the Mid-Atlantic), a denial is not the end of the road. Regardless of whether an Arlington Immigration Court judge rejected your asylum claim or USCIS issued the denial, you have powerful legal options, including appeals, motions, or alternate protections that can potentially keep you in the country while your case continues.

In other words, while an asylum denial is certainly a setback, many applicants go on to find alternate routes to remaining in the United States. What matters most after an asylum denial is understanding your options and acting quickly and proactively before critical deadlines pass. Obtaining assistance from an experienced Fairfax County, VA family immigration attorney can help you determine which path forward fits your specific situation and can make the difference between removal and protection.  

Why is Asylum Often Denied in Virginia Cases?

While asylum may be denied for many different reasons, the most common ones include:

• The government believes internal relocation within your home country is possible.
• There are credibility issues with your asylum request that could include inconsistencies due to trauma-related memory gaps or translation issues.
• There is insufficient evidence of past persecution or fear of future harm.
• The one-year filing deadline was missed without an acceptable exception.
• There is a failure to show that the harm was due to a protected ground, such as a social group or political opinion.
• There are procedural issues such as incorrect forms, missing documents, or failure to attend a hearing or interview.
• DHS disputes the adverse country condition.  

What Happens Next After an Asylum Denial Depends on Where Your Case Was Decided

If you received an affirmative asylum denial from USCIS at the Northern Virginia Field Office and are not currently in lawful status, your case will likely be referred to the Arlington Immigration Court for a new, full review before a judge. If you are in lawful status, the denial stands, but you remain in the United States under your valid status with no referral. While you cannot appeal a USCIS denial directly, you can present your case again before the judge.

If your asylum was denied in the Arlington Immigration Court, you have 30 days in which to appeal to the Board of Immigration Appeals (BIA). During the appeal, removal is usually paused unless DHS seeks expedited action. If the BIA denies your appeal, you may pursue review with the Fourth Circuit Court of Appeals, which is headquartered in Richmond. The BIA reviews a case for errors in law, credibility determinations, or misapplication of asylum standards.

The strongest appeal will highlight faulty credibility findings or failure to consider trauma evidence. A motion can be filed to reopen your asylum case if there is new evidence that was not available during the original hearing. Such a motion must be filed within 90 days, with limited exceptions. A motion to reconsider does not focus on new evidence; rather, it focuses on legal errors.

In some cases, you may request protection under the Convention Against Torture (CAT), which has different, often lower, evidentiary structures. This means you are not required to have a protected ground, only proof that you are likely to be tortured if returned to your home country. Other potential paths forward following a denied asylum bid include:

• Withholding of Removal, which has a higher burden than asylum
• Family-based Visas, including marriage-based adjustment of status
• T Visas for victims of trafficking
• Special Immigrant Juvenile Status (SIJS) for eligible youth
• Temporary Protected Status (TPS) for some eligible nationalities
• U Visas for victims of qualifying crimes in the U.S.
• Prosecutorial discretion or deferred action in select cases

Contact a Herndon, VA Immigration Attorney

If your asylum case was denied in Virginia, you still have options. A highly skilled Fairfax County, VA family immigration lawyer from Immigration Legal Advisors, PLLC can review your decision and help you act quickly before your window of time closes. Attorney Ruiz offers supportive, full-service immigration assistance with more than 20 years of experience. He speaks both English and Spanish for your convenience. Call 571-441-2233 to schedule your initial attorney meeting.